Site C Dam is Final Straw for B.C.'s Treaty 8 First Nations

The B.C. government cannot expect support from First Nations for its much-touted liquefied natural gas (LNG) projects if the province insists on steamrolling ahead with the Site C dam, a First Nations chief is warning.

Treaty 8 First Nations in B.C. are vehemently opposed to BC Hydro’s plans to build a third massive dam on the Peace River that would flood more than 5,000 hectares of land, swamp more than 330 recorded archaeological sites and — in direct contravention of the 1899 treaty — destroy land now used for hunting, fishing and collecting medicinal plants.

Initially, some Treaty 8 Tribal Association nations were willing to look at what the B.C. government was offering in terms of mitigation and compensation, but, as more information became available, Willson noted a change in attitude.

“Now everyone is opposed,” he said.

The treaty states First Nations have the right to continue with their way of life “for as long as the sun shines, the grass grows and the rivers flow.”

But with massive resource development in the area, the sun, grass and rivers are all at risk and Site C is the final straw, Willson said.

“We have become the cash register for the province … .Now our way of life is going to be interfered with again,” Logan said.

“We are bush people and this is our grocery store, our pharmacy, our school and our church. It still sustains us.”

The treaty is alive, despite damage inflicted on the ecosystem by resource extraction and previous Peace River dams, so the province should think carefully about ramifications of treaty-breaking, Willson said.

A total of 21 First Nations would be affected if the valley is flooded and, with numerous legal decisions reasserting First Nations’ constitutional rights, there is growing awareness that a court challenge could hold up the $7.9 billion project for years if the province decides this fall to proceed.

First Nations file for judicial review of panel report

This month the Mikisew Cree First Nation, which has nine reserves in northeastern Alberta, and the Athabasca Chipewyan First Nation, which has eight reserves near the southwestern tip of Lake Athabasca, filed a Federal Court application for a judicial review of the Joint Review Panel report.

The two Treaty 8 First Nations rely on the Peace Athabasca Delta for plant gathering, fishing, hunting and travel through the many lakes and river tributaries and presented evidence at the hearings that showed the Delta is already ecologically stressed, with low water levels affecting wildlife habitat and harvesting.

Any further changes to water levels in the Delta could prevent First Nations from exercising their treaty rights, according to the application, which aims to have some sections of the Joint Review Panel report declared invalid and unlawful, some sections quashed and others referred back to the panel for further consideration.

The application is asking the Federal Court to prohibit the federal and provincial governments from taking any further actions that would allow Site C to proceed until a new report is issued that complies with “principles of procedural fairness.”

BC Hydro spokesman Dave Conway said he could not speculate about the possibility of Site C heading to court.

“However, I can tell you that we aim to fulfill our duty to consult and, where appropriate, accommodate aboriginal groups,” he said.

Logan said the five Treaty 8 nations have not yet voted on whether to go to court, but there are heavy hints that any attempt to build the dam will immediately become entangled in legal battles.

Chief's mandate: 'Oppose this right to the end'

“The only mandate I have right now is to oppose this right to the end. We are going to go back to our people once we hear the decision,” Logan said.

Willson supports the judicial review of the environmental assessment and then, if necessary, a court challenge.

But going to court is expensive, especially when going up against the deep pockets of BC Hydro and the provincial government, he said.

BC Hydro has talked with more than 50 aboriginal groups in hundreds of meetings since 2007 and will continue to look for mitigation measures, Conway said.

“We are committed to providing lasting benefits to aboriginal groups through the construction and operation of the project. In addition, we are negotiating impact benefit agreements with some First Nations where appropriate,” he said.

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BC Hydro plans to expropriate the home of Peace Valley farmers Ken and Arlene Boon before Christmas, following the couple’s refusal to sign over their top class farmland for the Site C dam, DeSmog Canada has learned.

The Boons said that the $8.8 billion dam could still be stopped and they are not budging from their third-generation family home, farmland, garden, greenhouse and workshop to make way for a Site C highway relocation until they are forced to leave.